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HC directives on widening of Katra-Domail road
12/2/2016 10:05:20 PM
Early Times Report
Jammu, Dec 2: A high court division bench of Chief Justice N Paul Vasanthakumar and Jutsice Tashi Rabstan today said the decision to award contract for widening of Katra-Domail road in favour of respondent No 5 could not be found illogical as it was taken after taking note of his eligibility and capacity.
The court directive came in a LPA filed against the judgment of writ court whereby it had dismissed a petition, seeking quashment of award of contract in favour of respondent No 5 by an order on September 19, 2015 pertaining to the improvement of NH-1C (New NH-144) Domail-Katra road from 5th to 10th km at an approximate cost of Rs 212.50 lakh.
The bench, after hearing both the sides, said the court would interfere where the facts taken as a whole could not logically warrant the conclusion of the decision maker. "If the weight of facts pointing to one course of action is overwhelming, a decision the other way cannot be upheld. In this case as explained supra, the decision to award contract in favour of respondent No 5 was taken after taking note of his eligibility and capacity based on the spot assessment and the said action cannot be found illogical," the court observed.
Hence the said judgment had no application to the facts of this case. With these observations, the court dismissed the LPA.
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